GOWRAMMA Vs. UNITED INDIA INSURANCE CO. LTD.

JUDGEMENT

(1.) This appeal is filed under Sec. -173(1) of the Motor Vehicles Act, 1988, (hereinafter referred to as 'MV Act' for brevity) by the appellant-claimant challenging the judgment and award dtd. 29/7/2013, passed in M.V.C. No.2787/2011, on the file of VIII Additional Small Causes Judge and Motor Accident Claims Tribunal, Bengaluru (hereinafter referred to as 'the Tribunal' for brevity).

(2.) Brief facts of the case are that the deceased was travelling as a pillion rider on the motor cycle bearing registration No.KA-02-EG-603, on 14/4/2011, at about 3.15 p.m., on J.D. Naidu Hall Road, Mahalaxmipura, Bengaluru a car bearing registration No.KA.02.MA.9910, driven by its driver in rash and negligent manner dashed the motor cycle of the petitioner, as the result, rider and pillion rider fell down and sustained grievous injuries to the head and other parts of the body. Immediately, rider and the pillion rider were shifted to the Fortis Hospital and they were inpatient till 21/4/2011. Later, the deceased was treated at M.S. Ramaiah Hospital, but due to complications arose on his health conditions by developing seizures (epilepsy) and his Coma score was 12/15. Therefore, injuries caused had affected severely to his neurological systems and he died on 7/6/2012 at about 2.00 p.m. The claim petition was initially filed by the deceased when he was alive, but during the pendency of the claim petition died on 7/6/2012. Therefore, the claim petition filed by the deceased seeking compensation on the account of injuries sustained by the deceased was dismissed by the Tribunal. The Tribunal has assigned the reason that, after death of the deceased, the post mortem was not conducted and other medical evidence on record do not prove there is nexus between the injuries sustained in the accident and death of the deceased. Hence, dismissed the claim petition.

(3.) Learned counsel for the appellant vehemently argued that the accident was caused on 14/4/2011 and deceased died on 7/6/2012. The deceased was 55 years old and sustained grievous injuries to the head and other parts of the body and since there was severe head injury resulted in serious injuries to the brain and resulted in developing epilepsy (seizures) and due to such complicated health conditions, the deceased died. Therefore by relying on the medical evidence on record submitted by the treated doctor stating that there is nexus between the injuries sustained and cause of death. Hence, prays to allow the appeal.